Expert: Bennie719 - 5/6/2008

Question
I am a resident of the State of Illinois. I was involved in a not at fault accident in March 2007. I was driving in the second lane from the left on the highway, when a car from the left lane cut me off without checking their blind spot. I was driving at about 60mph and would have definetely hit the car if I did not get out of the way, so I swerved to the right and my car lost control. I went into the right right lanes and hit the shoulder on the right.
I was rushed to the hospital once I was removed from the car. The police gave me a ticket but the case was dismissed in court.
I had to file a claim myself because my car was totalled. The insurance paid for the claim, but recorded the accident as my fault. Now they have denied us a renewal of the insurance, and any other insurance company sees an at fault accident on my record. When I tried to talk to them they are saying that it was my fault that I lost control. I reasoned with them that I tried not to hit the other car head on as that would be more dangerous but they are not listening to that.
What should I do now? When the case was dismissed in court, should it not be regarded as not at fault. Please help.

Thanks,
Rajitha

Answer
Hi Rajitha,
Your insurance company will only consider an accident as being non-fault in cases where there is an identified 3rd party and you have the legal right of recovery from that party.
Since the other car was a 'phantom' vehicle that was never identified, your claim had to be handled as a solo losss of control accident, and therefore a fault accident.
Unfortunately, there is nothing that you can do to change the status of this being a fault accident.

I hope this information has been of help.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area